Moss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 KEVIN BARTHOLOMEW, No. 2:17-cv-2551-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. MOSS, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently pending are the parties’ cross-motions for summary judgment. ECF Nos. 31 & 33. For the reasons stated hereafter, it is recommended that defendants’ motion be granted in part and plaintiff’s be denied. Legal Standards A. Summary Judgment Summary judgment is appropriate when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Summary judgment avoids unnecessary trials in cases in which the parties do not dispute the facts relevant to the determination of the issues in the case, or in which there is insufficient evidence for a jury to determine those facts in favor of…